Punjab-Haryana High Court
Gurlal Singh And Ors vs State Of Punjab And Others on 4 July, 2023
Neutral Citation No:=2023:PHHC:083954
2023:PHHC:083954
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
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268A CRM-M-13723-2023
Date of Decision:04.07.2023
Gurlal Singh and Others .....Petitioners
Vs.
State of Punjab and Others .....Respondents
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Ms. Divya Godara, Advocate for
Mr. Raminder Singh Joon, Advocate
for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.
Mr. Harchand Singh Batth, Advocate
for respondent Nos.2 to 4.
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DEEPAK GUPTA, J.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of DDR No.37 dated 05.06.2022 registered under Sections 323,
324, 148, 149, 506 of the IPC, 1860 registered at Police Station City Patti,
District Tarn Taran which is being investigated in F.I.R. No.89 dated
01.06.2022 registered under Sections 307, 323, 324, 148, 149, 506 of the
IPC, 1860 and Section 25 of Arms Act, 1959 registered at Police Station
City Patti, District Tarn Taran and all subsequent proceedings arising
therefrom on the basis of compromise dated 06.02.2023 (Annexure P-3).
This Court vide order dated 20.03.2023 had directed the parties
to appear before the trial Court to get their statements recorded and the
learned Magistrate was directed to send its report qua the genuineness of the
compromise.
Pursuant to the aforesaid order, parties have appeared before
Learned Sub Divisional Judicial Magistrate and got their statements
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Neutral Citation No:=2023:PHHC:083954
2023:PHHC:083954
recorded. On the basis of the statements so recorded, Learned Magistrate has
submitted report dated 30.05.2023 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
undue influence.
Status report by way of an affidavit of Shri Satnam Singh, PPS,
Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran has
been filed on behalf of respondent No.1- State.
Learned State counsel as well as learned counsel for respondent
Nos.2 to 4 have not disputed the factum of compromise between the parties.
In view of the above, no useful purpose would be served to
continue with the proceedings before the trial Court in the instant F.I.R.
Following the principles laid down by the Full Bench judgment
of this Court in Kulwinder Singh and others Versus State of Punjab and
another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble
Supreme Court in Gian Singh Versus State of Punjab and others (2012)
10 SCC 303, this petition is allowed and DDR No.37 dated 05.06.2022
registered under Sections 323, 324, 148, 149, 506 of the IPC, 1860
registered at Police Station City Patti, District Tarn Taran which is being
investigated in F.I.R. No.89 dated 01.06.2022 registered under Sections 307,
323, 324, 148, 149, 506 of the IPC, 1860 and Section 25 of Arms Act, 1959
registered at Police Station City Patti, District Tarn Taran and all subsequent
proceedings arising therefrom on the basis of compromise dated 06.02.2023
(Annexure P-3), are quashed qua the petitioners.
July 04, 2023 ( DEEPAK GUPTA )
Neetika Tuteja JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:083954
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